All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (guilty of the lower court’s conviction) 1) misunderstanding of facts (the Defendant’s misunderstanding of facts (the insult of March 14, 2012) (hereinafter “Defendant”) (hereinafter “Defendant”) was allowed to immediately read the mail sent to the public domain account of D Co., Ltd. on March 14, 2012 by the Defendant on March 14, 2012, 200 employees are limited to 2 employees, and it cannot be said that there was a performance because they did not have any possibility of spreading internal issues to many unspecified persons. Therefore, the lower court convicting the Defendant of this part of the facts charged on this part of the facts charged was erroneous in matters of misunderstanding of facts. 2) In so doing, the Defendant did not receive the cost of production on the website from the victim Co., Ltd. (hereinafter “victim Co., Ltd.) and prevented the victim’s Internet homepage management server inevitably because it did not violate social rules.

B. On January 10, 2012, the lower court found the Defendant not guilty of this part of the facts charged, on the ground that, in light of the contents, circumstance, and purpose of preparation, the fact that the Defendant publicly expresses an abstract judgment that could undermine the victim C’s reputation, the lower court acquitted the Defendant of this part of the charges.

2. Determination

A. 1) Determination of the Defendant’s assertion of misunderstanding of facts is that “public performance” in the crime of defamation or insult of a misunderstanding of facts refers to a state in which many, unspecified or unspecified persons can be recognized, so if there is a possibility that a certain fact about a specific person might be disseminated to an unspecified or unspecified person, even though having talked about such fact, it shall be deemed a performance (see, e.g., Supreme Court Decision 2010Do2877, Oct. 28, 2010). The lower court duly adopted and investigated.